King Buildings of El Paso, Inc., a Texas Corporation v. Inmobiliaria Pejorza S.A. De C v. a Company Organized Under the Laws of Mexico ( 2007 )

Form: Dismiss TRAP 42.3 COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS

KING BUILDINGS OF EL PASO, INC., A TEXAS CORPORATION, Appellant, v. INMOBILIARIA PEJORZA S.A. DE C.V., A COMPANY ORGANIZED UNDER THE LAWS OF MEXICO, Appellee.	§ § § § § § §	No. 08-06-00131-CV Appeal from 327th District Court of El Paso County, Texas (TC # 2005-1520)

MEMORANDUM OPINION  

This is an attempted appeal from a final judgment entered in favor of Appellee, Inmobiliaria Pejorza S.A. De C.V., for breach of contract. After filing two motions to extend time for filing appellant's brief, each of which this Court granted, Appellant, King Buildings of El Paso, Inc., failed to file an appellant's brief.

Pending before the Court on its own initiative is the dismissal of this appeal for want of prosecution. See Tex.R.App.P. 42.3(b). This Court possesses the authority to dismiss an appeal for want of prosecution when an appellant in a civil case fails to timely file its brief and gives no reasonable explanation for such failure. See Tex.R.App.P. 38.8(a)(1). On January 5, 2007, this Court's clerk sent a letter to the parties indicating the Court's intent to dismiss the case for want of prosecution absent a response from any party within ten days to show grounds for continuing the appeal. As of the date of this opinion, no brief, motion for extension of time, or response has been received. Accordingly, pursuant to Tex.R.App.P. 42.3(b) and (c), we dismiss the appeal for want of prosecution.

April 19, 2007

ANN CRAWFORD McCLURE, Justice

Before Chew, C.J., McClure, and Carr, JJ.

Chew, C.J., not participating

(Do Not Publish)